News Hub: FCC Indecency Rules Struck Down

7/13/2010 5:25PM

Ashby Jones and Joe White discuss the ruling by a federal appeals court that struck down the FCC's indecency policy. The court said the agency's efforts to punish broadcasters for allowing "fleeting" expletives was "unconstitutionally vague."

This transcript has been automatically generated and may not be 100% accurate.

Gou ... the Ashby Jones ... story ... on the moon ... on increasing say ... thank you joining us with Emma goes to show one in Washington D C to talk about this and decency of ... the show the court has struck down the ... Federal Court struck down the SEC's and decency policy explain exactly what because this is quite merrily it's not some ... bizarre everything in indecency ... well it was the Dator the second Circuit Court of Appeals look what they've done is that they said the SEC's two thousandone policy by which they ... are ... and will try to prevent you from saying dirty words on TV and radio ... by his is unconstitutional ominous unconstitutional invaded leads to much to the discretion of the out ... of the government bureaucrats and as to what's OK what so it's not okay ... um interesting Lee you could be under the old rules of Nava struck down if I could not read the court's decision allowed on TV on broadcast TV or where the broadcast radio ... because it contains magic words that her Roper hidden under the policy and then theres not much you might be tempted to eat into not saving any notice of specific instances of they talked about all of the things the FCC kind weren't the sun ... why why they were the more the more awesome well-known cases this unaware of Albano the lead singer view too was on awards show when he said fire truck TA minus a ... couple sold rolls ... on and on he was in the end of the out of the station or the network rather was was fine rather heavily by the FCC or other occasions like that ... where people can see why have lot of awards shows on asking why ... aren't more people with the board using what ... was that they ... get right out of the Sweeting of seventies this kind of whom the legal term ... and this was what brought this case on the second Circuit but there's a long history in this area ... on the go Soloway back to George Carlin who use certain age and so the seven words you can see on TV monologue ... on which is really come on the case at the heart of the ... Supreme Court precedent the undergirds all of this effort to ... deregulate broadcast of Sunday ... one other quick thing ... that ... really an issue here is the core beyond thirty years ago broadcast was on a hat now not true in the second Circuit in its opinion today ... made note of the changing media landscape suggesting that the minerals me rethink ... stay with this show actually wanna bring you in ... the sun to sun soaked with the the anarchy like for broadcast doesn't give them more certainty about what they can know doesn't like it was like a so ... well ... a look a little bit of both I ... and and explain to me for right now those rules is Joe is articulated ... are struck down so ... arguably and it would probably a little risky to do this by the broadcaster can dole out did and use one of the suits entities ... on ... in in some sort of broadcast ... the truck units for broadcast ... and that would likely be OK however what we don't know was whether the FCC is to appeal this the Supreme Court ... and if so just tell the Supreme Court is going to reckon with it so ... for now it looks like ... broadcasters have free rein to quit the sort of indecent of words on ... on the air however that that does for that to rein it could be on to be short lived up to one ask you both both of Islam and book change OMX be what happens next is in an appeal just over there ... it's not clear the FCC is so as I stand here is Ben mom I even though it's been pretty clear that that this was aware that this and can go ... of that there's all sorts of political of angles to this USO's is not clear whether you ... can find them much Joe White was a gentleman Washington Ashby ... buyside and funnelled ... well it is a fascinating case I would encourage anybody to go out and I did resist begotten read the opinion because it's a very readable ... legal opinion that it is peppered with obscenity so so on all the fun and yet exactly by contrast the jobs of the Wall Street Journal ...